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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/ioa1848155.txt

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INDICTABLE OFFENCES ACT 1848

INDICTABLE OFFENCES ACT 1848 - LONG TITLE

An Act to facilitate the Performance of the Duties of Justices of
the Peace out of Sessions within England and Wales with respect to
Persons charged with indictable Offences.{1}
[14th August 1848]
Preamble.

English warrants may be backed in Ireland, and vice versa8.

INDICTABLE OFFENCES ACT 1848 - SECT 12

12. If any person against whom a warrant shall be issued in any
county, riding, division, liberty, city, borough, or place in England
or Wales, by any justice of the peace, or by any judge of [the
High Court] or [the Crown Court], for any indictable offence against
the laws of that part of the United Kingdom, shall escape, go
into, reside, or be, or be supposed or suspected to be, in any
county or place in Ireland, or if any person against whom a
warrant shall be issued in any county or place in Ireland, by any
justice of the peace, or by any judge of [the High Court of
Justice in Northern Ireland] or [the Crown Court], for any crime or
offence against the laws of that part of the United Kingdom, shall
escape, go into, reside, or be, or be supposed or suspected to be,
in any county, riding, division, liberty, city, borough, or place in
England or Wales, it shall and may be lawful for any justice of
the peace in and for the county or place into which such person
shall escape or go, or where he shall reside or be, or be
supposed or suspected to be, to indorse (K.) such warrant in manner
herein-before mentioned, or to the like effect; and which warrant so
indorsed shall be a sufficient authority to the person or persons
bringing such warrant, and to all persons to whom such warrant was
originally directed, and also to all constables or other peace
officers of the county or place where such warrant shall be so
indorsed, to execute the said warrant in the county or place where
the justice so indorsing it shall have jurisdiction, by apprehending
the person against whom such warrant shall have been granted, and
to convey him before the justice or justices who granted the same,
or before some other justice or justices of the peace in and for
the same county or place, and which said justice or justices before
whom he shall be so brought shall thereupon proceed in such manner
as if the said person had been apprehended in the said
last-mentioned county or place.

INDICTABLE OFFENCES ACT 1848 - SECT 14
Irish warrants may be backed in Scotland.

14. If any person against whom a warrant shall be issued by any
justice of the peace for any county or place within ... Ireland,
or by any judge of [the High Court of Justice in Northern Ireland]
or [the Crown Court] in ... Ireland, for any crime or offence
against the laws of ... Ireland, shall escape, go into, reside, or
be, or be supposed or suspected to be, in any place in Scotland,
it shall be lawful for the [sheriff principal or sheriff], or any
justice of the peace, of the county or place where such person or
persons shall go into, reside, or be, or be supposed or suspected
to be, to indorse (K.) the said warrant in manner herein-before
mentioned, or to the like effect; which warrant so indorsed shall
be a sufficient authority to the person or persons bringing such
warrant, and to all persons to whom such warrant was originally
directed, and also to all sheriffs officers, constables, and other
peace officers of the county or place where such warrant shall be
so indorsed, to execute the same within the county or place where
it shall have been so indorsed, by apprehending the person against
whom such warrant shall have been granted, and to convey him into
the county or place in ... Ireland where the justice or justices
who first issued the said warrant shall have jurisdiction in that
behalf, and to carry him before such justice or justices, or before
any other justice or justices of the peace of and for the same
county or place, to be there dealt with according to law, and
which said justice or justices are hereby authorized and required
thereupon to proceed in such and the same manner as if the said
offender had been apprehended within his or their jurisdiction.

INDICTABLE OFFENCES ACT 1848 - SECT 15
Scottish warrants may be backed in Ireland.

15. If any person against whom a warrant shall be issued by the
Lord Justice General, Lord Chief Justice Clerk, or any of the Lords
Commisioners of Justiciary, or by any [sheriff principal or sheriff],
or justice of the peace, of Scotland, for any crime or offence
against the laws of that part of the United Kingdom, shall escape,
go into, reside, or be, or shall be supposed or suspected to be,
in any county or place in ... Ireland, it shall be lawful for any
justice of the peace in and for the county or place into which
such person shall escape or go, or where he shall reside or be,
or shall be supposed or suspected to be, to indorse (K.) the said
warrant in manner herein-before mentioned; and which said warrant so
indorsed shall be a sufficient authority to the person or persons
bringing the same, and to all persons to whom the same was
originally directed, and also to all constables and other peace
officers of the county or place where the justice so indorsing such
warrant shall have jurisdiction, to execute the said warrant in the
county or place where it is so indorsed, by apprehending the person
against whom such warrant shall have been granted, and to convey
him into the county or place in Scotland next adjoining to England,
and carry him before the [sheriff principal or sheriff], or one of
the justices of the peace, of such county or place....

INDICTABLE OFFENCES ACT 1848 - SECT 32
Extent of Act and saving.

32. ... Nothing in this Act shall be deemed or taken to extend to
... Ireland, ... save and except the several provisions respectively
herein-before contained respecting the backing of warrants....

Ss.3335 rep. by SLR 1875one of Her Majesty's justices of the peace
for the said [county]f , that the name of J.S., to the within
warrant subscribed, is of the handwriting of the justice of the
peace within mentioned; I do therefore hereby authorize W.T., who
bringeth to me this warrant, and all other persons to whom this
warrant was originally directed, or by whom it may lawfully be
executed, and also all constables and other peace officers of the
said [county] of , to execute the same within the said
last-mentioned [county], and to bring the said A.B., if apprehended
within the same [county], before me, or before some other justice
or justices of the peace of the same county, to be dealt with
according to law.

Given under my hand, this day of 184.

The words following this asterisk are to be used only where the
justice backing the warrant shall think fit, and may be omitted in
backing English warrants in Ireland, ... &c., or in backing Irish
... warrants, &c. in England.




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URL: http://www.bailii.org/nie/legis/num_act/ioa1848155.txt